Court of Civil Appeals of Texas, 2015

Joseph Smith v. State

Joseph Smith v. State
Court of Civil Appeals of Texas · Decided July 23, 2015

Joseph Smith v. State

Opinion

CHRIS DANIEL 9 HARRIS COUNTY DISTRICT CLERK

FILED IN June 23,2015 14th COURT OF APPEALS HOUSTON, TEXAS MARK KRATOVIL 7/23/2015 8:36:36 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 1201 FRANKLIN, 13™ FL HOUSTON, TX 77002 Defendant’s Name: JOSEPH SMITH Cause No: 1397699 Court: 228™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 6/16/15 Sentence Imposed Date: 6/05/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: MARK KRATOVIL

Sincerely,

S/NORRIS Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas MARY LISA MILLS (DELIVERED VIA E-MAIL)

This is your notice to inform any and all substitute reporters in this cause.

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_ÿ7 # Cause No. *J A THE STATE OF TEXAS IN THE 122?DISTRICT COURT efT*" COUNTY CRIMINAL COURT AT LAW NO. 5mrrvk JasePU AMTVOMU , Defendant / HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judgÿP the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] I I is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] [~~1 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right aLappeal. [or] Pi is aJpleafflargain caseÿÿnhÿiefendant has NO right of appeal, [or] defÿdant has w®ved thejpght of appeal.

Judge Date Signed 6> I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se . petition for discretionary review in the court of appeals. TEX. R. APP. P. 68.2 I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written • communication, of any change in the address at which I am currently living or any change in my current prison unit. I d that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any - chat my /ddress, I may lose the opportunity to file a pro se petition for discretionary review.

Defendant Defendant's Counsel l Mailing Address: State Bar of Texas ID number: ZHolMSi /Telephone number: Mailing Address: it 6i 7/>r “7,77** 2— Fax number (if any): Telephone number: qi1>}X7«r Fax number (if any): L 7/? ) \~7 LfJ3(9 * “A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2).

RECORDER'S MEMORANDUM This instrument is of poor quality at the time of imaging PAUPER’S OATH ON APPEAL. \ W CAUSE NO.: 1ÿ7(0 OFFENSE: THE STATE OF TEXAS 92T' DISTRICT COURT VS. OF 1/ OTfiSP jffk. sr\ HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES "ypjffih , defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) Appoint appellate counsel to represent him.

Asks the court to order that a free<eÿe«Lbe provided to him.

mm- j SUBSCRIBED-AND SWORN to bef( (e, this. I dav ofJUl4L A.D., 20.

FILED Chris Daniel ©EBUT&DISTRICT CLERK District Clerk WÿZOlSTRICT COURT HARRIS COUNTY, TEXAS qte-a JUN 1 9 2015 Time: Harris County, Texas ORDER On ; _ the court conducted a hearing and found that the defendant is indigent.

y The court orders that defendant/appellant on appeal. \ CM is appointed to represent The court reporter is ordered to prepare and file the reporter’s record without charge to the f defendant/appellant.

It is further ordered that the clerk of this court mail a the order t(ÿHe cJurt reporter: / WU(JL5 by certifie retiJn receipt rarest zj.

Assistant Public Defender Assigned by HCPD — 'CLXY RES DISTRICT COURT SPN #. HARRIS COUNTY, TEXAS Bar#.

AFFIRMATION I, Mt-ciA KfchV'J foL f (Off-, • Attorney at Law, swear or affirm that 1 will be solely responsible for writing a brief and representing the appellant on appeal. If I am not able to preform my duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action as deemed necessary. _ U+AJUH- ATTORNEY (SIGNATURE) BAR/SPN NUMBER lui jr>ÿnv ITTL pyÿr 77M 2ÿ ADDRESS CITY ZIP ) 27V- 4 7ZX PHONE FAX NUMBER

EMAIL ADDRESS ' SWORN TO AND SUBSCRIBED BEFORE ME ON \j>AV< DEPUTY DISTRICTÿRKÿIGNATURE) DISTRICT CLERK APPEAL CARD nT Court Cause No.

The State of Texas Vs •5ÿ7 rrti I.

(,-S'IS Date Notice Of Appeal: .

Presentation: Vol. Pg-.

Judgment: VoL pg, Judge Presiding, Court Reporter_ Court Reporter, Court Reporter, Attorney on Trial A 52A<ÿ/tJo Attorney on Appeal. /V\ Appointed Hired.

Offense Jury Trial Yes No 1/ Punishment Assessed _ _ Companion Cases (If Known) Amount of Appeal Bond. 4 Appellant Confined: Yes l'/No 7ÿ Date Submitted To Appeal Section.

Deputy Clerk.

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